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More join suit against town for 'protective custody' policy

Credit: NBC 10 News
2011 New England Country Music Festival.
By: Mario Hilario | NBC 10
Published: November 12, 2012
» 0 Comments | Post a Comment
FOXBORO, Mass. --
Two more people are joining a class action lawsuit against the town of Foxboro regarding the town's policy of holding people in protective custody.
The suit comes in the wake of several arrests made at a summer concert at Gillette Stadium.
Lawyers for the plaintiffs in the case will be holding a press conference in Boston Monday afternoon and the two new people who are joining the class action suit will be there speaking publicly against the policy.
One of the new plaintiffs, Michael Burgess, 42, is a police officer in Massachusetts. His lawyers say Foxboro police placed him in protective custody at last year's New England Country Music Festival.
The other new plaintiff Lindsey Schmidt, 23, of Portland Maine, she was placed into protective custody at this year's concert before entering the stadium.
The suit alleges more than 1,000 people were held unlawfully because they were intoxicated, but not incapacitated.
The class action suit, not only seeks monetary damages for the alleged violation of the plaintiffs' constitutional rights, it also seeks and end to the town's policy, saying police can't take people into protective custody just for being intoxicated, if they're not incapacitated.
Monday's press conference is scheduled for 1 p.m.
 

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The plaintiff's attorney probably doesn't care about what a decision might cause as long as he gets paid. The town now has to defend this ($). I'm dying to hear about the "police officer" plaintiff.

Incapacitated :
Person temporarily or permanently impaired by mental and/or physical deficiency, disability, illness, or by the use of drugs to the extent he or she lacks sufficient understanding to make rational decisions or engage in responsible actions.

Read more: http://www.businessdictionary.com/definition/legally-incapacitated.html#ixzz2C1pOyuCJ
 

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Be careful what you wish for, counselor. You take away the officers' discretion for PC and you'll end up with a zero tolerance arrest policy for public drunkenness.
Foxboro tried to pass a "public drunkeness" ordinance and it got shot down by the good citizens of the town.
 
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Dammed if you do dammed if you don't. Send off the DK they get in a car and wrap themselves around a pole then they sue cause the cop let them go and they knew he was drunk. Can't win.
 

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Eh...

I am torn on this one. The statute says;

Intoxicated.

Alcohol.

Unable to care for self.

(Or some close wording like that,)


Just because someone was drinking, doesn't mean that they are not able to care for them selves.

I hate PC arrests. We are still required to generate a report. So my theory is simple. If they are being an asshole, and you absolutely positively have to stick it in their ass, why can't they be Disorderly?

Nothing to do with nothing, but a certain University that I know of, makes their CPO's PC everyone with even a scent of booze (pretty much) on their breath. I do not blame the Officers. It's the School that I blame. PCing kids right out of their dorm rooms? fucking ridiculous. What frosts my ass is that the Campus Police bosses either have not done so, or are too intimidated to approach the School administration with this.
 

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My basic rule of thumb on PC is this: if a person is incapacitated they are falling down, throwing up, incoherent (I.E. shitfaced). If someone is that drunk they are going to the ER (they cannot refuse medical attention under implied consent), I will ride in the ambulance if need be and hang out with the drunk in the ER until security arrives, but after that they're the hospitals problem and I've covered my ass legally. Needless to say I don't have a lot of friends in the ER but my Staff Sgt doesn't want me dead because I'm bringing in drunken morons who need constant supervision.
 
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I hate PC arrests. We are still required to generate a report. So my theory is simple. If they are being an asshole, and you absolutely positively have to stick it in their ass, why can't they be Disorderly?
I have to disagree....111B-8 is one of our greatest tools. If you encounter a drunk bum passed-out in a doorway, and he's placid when awakened (which happens just about nightly for us), how can that possibly be disorderly?

There's no other options other than PC or the hospital, and I don't reward bad behavior with a bed and a free meal.
 
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I've been to events in Foxboro, and I've had my share of alcohol at these events. I managed to not get PCed. I didn't get any police attention. I didn't rise to 1,2,3 or 4 as noted above though. Apparently I need to ask a few people for tips on how to make the "team"...
 

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I have to disagree....111B-8 is one of our greatest tools. If you encounter a drunk bum passed-out in a doorway, and he's placid when awakened (which happens just about nightly for us), how can that possibly be disorderly?

There's no other options other than PC or the hospital, and I don't reward bad behavior with a bed and a free meal.
In Framingham they will be shipped o the Emergency Room. All others, if mobile, become disorderly.
 
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In Framingham they will be shipped o the Emergency Room. All others, if mobile, become disorderly.
If we ship a plain drunk with no medical issues to Quincy Medical Center, we'll be called there in about 20-30 minutes after they're medically cleared and we end up PC'ing them anyway. No sense in delaying the inevitable and burdening the health care system.
 

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I hear ya. But it works very differently here. To our advantage too. And we are called back to the ER, they are coming back Disorderly.
 

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Been out of our tool pouch for years in Boston-but if you ask our "leaders" they claim we still have that option.
Got a phone call at 0730hrs from a VERY irate Captain who made my ears bleed after the last one I brought in several years ago. :eek:
 
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I hear ya. But it works very differently here. To our advantage too. And we are called back to the ER, they are coming back Disorderly.
Disorderly for someone who's just drunk and laying semi-conscious in a hospital bed?

No thanks....I like my house, and would like to continue to live in it. PC every time.
 

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The only way our ER calls us, is when they are out of control and they want them gone.


Sent from my iPhone using Tapatalk
 
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The only way our ER calls us, is when they are out of control and they want them gone.
QMC knows the game almost (ALMOST) as well as we do, and they know a dump-off when they see one. As soon as a drunk is medically cleared (less than an hour), we get an "Unwanted Person" call at the ER, and they invariably get PC'ed.

Like I said, might as well not delay the inevitable, and just do it.
 

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My issue with PC's is that the way I read 111, it should be a last resort. It reads to me that the first option should be home with a friend, then "medical facility," then protective custody.

I'm not saying I don't use it but 99% of the time, if I'm bringing someone in, there's going to be charges.

I also find it suspect when a hospital deems an intoxicated person "medically cleared." If someone is incapable of caring for themselves due to their level of intoxication, I don't understand how they can be cleared.

I wonder what kind of liability they would incur if someone they deemed "medically clear" aspirated on vomit in a jail cell.
 

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Several facilities in Worcester allow drunk drop-offs, no questions asked.
 
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